R. v. Gagliardi
The appeal is dismissed because the trial judge correctly stated the operative legal principles and carefully applied them to the evidence, and there is no basis for appellate interference with the conviction.
Source-derived case information.
- Citation
- C43321
- Parties
- Respondent: Her Majesty the Queen; Appellant: Guiseppe Gagliardi
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 13 January 2006
- Procedural Posture
- Criminal / Appeal From Conviction
- Outcome
- Appeal dismissed; conviction upheld
- Legal Topics
- Conviction Appeal, Standard of Review, Assessment of Evidence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Guiseppe Gagliardi
Appellant
Procedural Posture
Criminal / Appeal From Conviction
Legal Issues
- 1 Whether the trial judge misapplied operative legal principles when convicting the appellant
- 2 Whether the appellate court should overturn the conviction given the trial judge's findings
Ratio Decidendi
The appeal is dismissed because the trial judge correctly stated the operative legal principles and carefully applied them to the evidence, and there is no basis for appellate interference with the conviction.
Court Disposition
Appeal dismissed; conviction upheld
Orders
- Appeal dismissed
- Conviction upheld
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Gagliardi Collection Decisions of the Court of Appeal Date 2006-01-13 Docket numbers C43321 Judges Doherty, David H.; Sharpe, Robert J.; Juriansz, Russell G. Subject Criminal Decision Content DATE: 20060112 DOCKET: C43321 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. GUISEPPE GAGLIARDI (Appellant) BEFORE: DOHERTY, SHARPE and JURIANSZ JJ.A. COUNSEL: E. Burlew for the appellant S. Magotiaux for the respondent HEARD & ENDORSED: January 10, 2006 On appeal from the conviction entered by Justice J.R. Sproat of the Superior Court of Justice dated March 2005. APPEAL BOOK ENDORSEMENT [1] The trial judge correctly stated the operative legal principles and carefully applied them to the evidence. [2] The appeal is dismissed.